“NEW COMPANY” L-1 VISAS

The EB-1(c) Multinational Manager/Executive preference category may be used to open and invest in a new office (parent, subsidiary, branch, or affiliate) of a foreign corporation in order to later apply for lawful permanent residence (often referred to as a “green card”).

New Office L-1A Visa Requirements

For an organization operating in the US for less than a year to qualify as a new office, the petitioner must demonstrate that the office is actively “doing business.” The beneficiary should have worked abroad for a continuous year. The intended US operation must support an executive or managerial position, typically evidenced by a lease. The petitioner needs to provide details on the proposed nature of the office, organizational structure, financial goals, U.S. investment size, financial ability of the foreign entity, and its organizational structure. A comprehensive business plan with financial estimates and staff details is recommended. L-1A petitions for new offices are usually granted for a year, with possible extensions based on factors like employee count, cash flow, customer base, and overall business development.

L-1A Status to EB-1(c) Green Card

After obtaining a successful L-1A extension, the newly established U.S. corporation can pursue a Green Card for the foreign individual under the EB-1(c) Multinational Manager/Executive category. To qualify, the individual must have worked for the foreign entity’s parent, branch, affiliate, or subsidiary for at least one year in the three years preceding the petition in a managerial or executive role. Unlike other categories, the EB-1(c) does not require labor certification, allowing the U.S. company to promptly submit the Form I-140 petition along with necessary documentation. Depending on the foreign national’s citizenship and visa number availability, simultaneous filing of the I-140 petition and the adjustment of status application (Form I-485) is possible.

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